SCMP Breaking News - Labor & Employment
Year 9, Vol. 8 - July 17, 2024
On July 2, 2024, The U.S. Department of Labor released a proposed rule aimed at protecting workers from the health risks caused by extreme heat. The proposed regulations from the Occupational Safety and Health Administration (OSHA) could soon require employers to implement robust measures to safeguard employees from extreme heat both indoors and outdoors and significantly impact workplace safety protocols, regardless of industry.
Who Would the Rule Apply To?
The proposed standard would apply to all employers conducting outdoor and indoor work in all general industry, construction, maritime, and agricultural sectors where OSHA has jurisdiction.
Who Would Not Covered by the New Rule?
The proposed rule excludes short-duration employee exposure to heat. Additionally, these new rules would not apply to “sedentary” employees, those in indoor job sites kept below 80 degrees, and remote workers. It would also not apply to emergency response workers or to public employees who are exempted under the rules.
What does the Proposed Rule require?
If finalized, the proposed rule would require employers to develop an injury and illness prevention plan to control heat hazards in workplaces affected by excessive heat. Among other things, the plan would require employers to evaluate heat risks and — when heat increases risks to workers — implement requirements for drinking water, rest breaks and control of indoor heat. It would also require a plan to protect new or returning workers unaccustomed to working in high heat conditions.
Employers would also be required to: provide training; procedures to respond if a worker is experiencing signs and symptoms of a heat-related illness; and take immediate action to help a worker experiencing signs and symptoms of a heat emergency.
In the interimOSHA continues to conduct heat-related inspections under its National Emphasis Program – Outdoor and Indoor Heat-Related Hazards, which was launched in 2022. The program inspects workplaces with the highest exposures to heat-related hazards proactively to prevent workers from suffering injury, illness or death needlessly. Since the launch, OSHA has conducted more than 5,000 federal heat-related inspections.
What should employers do?
Analyze whether your workers are experiencing extreme heat in the workplace and take measures, if necessary, to prevent and/or mitigate extreme heat work-related hazards and/or illnesses.
Stay tuned for any updates regarding this proposed rule.
Should you require further advice or assistance in relation to this matter, please contact us at (787) 945-0380.
Because of the general nature of this newsletter, nothing herein should be construed as legal advice or a legal opinion. SCMP Breaking News and all its content is property of Silva-Cofresí, Manzano & Padró, LLC
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